Pet-Abuse.Com - Animal Abuse Case Details: Cat and dog neglect - numerous animals seized

Cat and dog neglect - numerous animals seized
Townshend, VT (US)

Date: Dec 2, 2005
County: Windham
Local Map: available
Disposition: Dismissed

Person of Interest: Jesse Lynn Gentlewolf

Case Updates: 8 update(s) available

Case ID: 6417

Classification: Hoarding

Animal: dog (non pit-bull), cat

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On December 2, 2005, the Windham County Sheriff's Department and the Windham County Humane Society, with a search warrant in hand, removed numerous animals from a Townshend residence. According to Lt. Sherwood Lake, spokesman for the sheriff, the two agencies found "numerous" animals, both dogs and cats, in various degrees of neglect.

"Deputy Jason O'Brian received a citizen's complaint that he followed up on," said Lake. Lake said O'Brian observed the situation at the home on Simpson Brook Road and assembled the evidence necessary to request a search warrant from a local judge.

The home is the residence of Jesse Gentlewolf, who had animals illegally seized from her in 1993. Gentlewolf, who at the time was known as Diane Kornell, was arraigned on three counts of cruelty to animals, simple assault on a police officer and impeding a police officer.

In 1994 Gentlewolf sued for return of the animals. In 1996 the district court granted Gentlewolf's motion to suppress on the grounds that the search warrant had been based on misleading statements presented by an animal control officer. The state agreed and then dismissed all charges against Gentlewolf, but Gentlewolf never regained custody of the animals.

In 2001, a district judge ordered the state to return the animals to Gentlewolf but state's attorneys contended that the animals had either died or their whereabouts were unknown, according to court documents.

Because of Gentlewolf's prior history, Lake said the sheriff's department was extremely cautious in asking for the search warrant. Lake said after O'Brian assembled the evidence, it was presented to the state's attorney office for review before being delivered to a judge for authorization. Lake said at this time no charges have been filed against Gentlewolf.

"We have to finish the investigation and forward the information to the state's attorney," said Lake. "It's up to his office to decide how to proceed." According to Lake, during the 81/2-hour operation, using three deputies and four humane society members, no residents of the property appeared on the scene. Lake said the animals were in various states of health -- some in "relatively good condition" to some being in "poor condition." "But each one required some degree of medical attention," said Lake.

Because of the number of animals seized from the property, the Windham County Humane Society was unable to comment on the case at this time.

Case Updates

Jesse Lynn Gentlewolf was ruled incompetent to stand trial in Windham County Monday, echoing a ruling on separate charges in Washington County.

Gentlewolf is facing charges of animal cruelty after police discovered more than 40 animals at her Townshend residence in December 2005. Those animals were released to the Windham County Humane Society.

The cost of caring for those animals added up to $58,000, which the court said Gentlewolf must pay.

Photographs included in court documents showed the conditions those animals were living in.

Photos showed cats and dogs that were dirty, sickly and injured. One particular dog had a massive growth protruding from its belly.

Animals were kept indoors, often in much filth. Outdoors, fences and old animal carriers housed animals left in the cold.

On separate charges, Gentlewolf was found incompetent to stand trial in Washington County on charges of custodial interference, three counts of unlawful restraint, one count of simple assault, one count of resisting arrest and one count of violation of an abuse prevention order.

Those charges stem from her involvement in the kidnapping of her own daughter and grandchild from their guardian in New Hampshire in November 2005.

The next step for the case is to work to determine what treatment Gentlewolf will receive.

Deputy State's Attorney Nathaniel Seeley cited a doctor's report saying Gentlewolf was insane at the time of the offense.

"If she truly was insane a the time of the offense, then the state can not proceed with the prosecution," Seeley told the court.

But Public Defender Mimi Brill spent a good deal of Monday's court session arguing that the hearing be a closed session due to the fact that the case deals with the mental health issues of her client.

"She has a right to keep these issues private," said Brill.

Seeley argued that he was not aware of any Vermont law that prevents the proceedings from being open to the public.

Judge Katherine Hayes kept the court open, citing First Amendment rights.

"Those are important rights," she told the court. "This is all in the context of a criminal matter."

Source: Brattleboro Reformer - Dec 19, 2006
Update posted on Dec 20, 2006 - 1:07PM

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The Townshend woman accused of animal cruelty won't be allowed to have any contact with animals as she awaits trial.

A request by State's Attorney Nathaniel Seeley to add the added restriction to Jesse Lynn Gentlewolf's release conditions was granted by Windham District Court Thursday.

According to court documents, Gentlewolf, of Townshend, is no longer allowed to have any contact with, or care for, any animals.

The request was granted by Judge Katherine Hayes on Thursday afternoon. Hayes granted the request without a hearing according to Seeley, who said, he heard the news through a fax.

Public Defender Mimi Brill had been trying to block the motion by Seeley until after a competency hearing is held, according to Seeley.

That hearing is scheduled for Dec. 18. The hearing will determine whether she can stand trial in Windham County for animal cruelty.

Earlier this month, she was released on bail in Washington County after a psychiatrist deemed her incompetent to stand trial for unrelated charges in that county.

Gentlewolf was charged on six counts of animal cruelty in Windham County and is facing a number

Source: Brattleboro Reformer - Dec 9, 2006
Update posted on Dec 9, 2006 - 12:48PM

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A woman charged with six counts of animal cruelty was released on bail by a Washington County judge earlier this month after a psychiatrist deemed her incompetent to stand trial.

The Townshend woman, Jesse Lynn Gentlewolf, was being held in the Dale Correctional Facility in Waterbury on a number of charges filed in both Windham and Washington counties.

The deputy state's attorney prosecuting the case in Windham County, Nathaniel Seeley, said he was surprised to learn that Gentlewolf had been released by Washington County.

Seeley said Friday that Windham County had imposed a low bond amount of $100 on Gentlewolf because at the time of her arraignment in Brattleboro, it was believed she would not be released on the original $30,000 bond ordered in Washington County. That bond was later reduced to $20,000.

According to court documents, a bail bondsman put up the money for Gentlewolf's release.

The charges in Washington County include two counts of custodial interference, three counts of unlawful restraint, one count of simple assault, one count of resisting arrest and one count of violation of an abuse prevention order for her part in the kidnapping of her own daughter and grandchild from their guardian in New Hampshire in November 2005.

Gentlewolf and another woman were arrested at a hotel in Berlin after Gentlewolf's daughter called the police for help.

Those charges are on hold until the court decides how to proceed with the psychiatrist's report.

Gentlewolf could also be extradited to New Hampshire to face allegations that she kidnapped the pair with the help of Grace McKeown of South Burlington.

Gentlewolf was arrested by Windham County Sheriff's deputies in December 2005 after they confiscated more than 40 animals from her home in Townshend. Windham County District Court Judge Katherine Hayes later awarded ownership of the animals to the Windham County Humane Society.

Treatment of the animals eventually cost the Windham County Humane Society almost $58,000, which the court said Gentlewolf must pay.

On Dec. 18, she will be in Windham District Court for another competency hearing to determine if she can stand trial on the animal cruelty charges.

Until that competency hearing, Gentlewolf must report once a week to the Windham County Sheriff's office in Newfane. According to court documents, she lists her place of residence as 2386 Simpson Brook Road, the home from which the sheriff confiscated the animals, all of which were in varied stages of neglect.

According to Seeley, the court also imposed a curfew on Gentlewolf, meaning she must not leave her home between the hours of 7 p.m. and 6 a.m.

Though the conditions of her release make no mention of her avoiding contact and custody of animals, Seeley said he appealed to the court Friday to add such a condition.

Gentlewolf's public defender, Mimi Brill, filed a motion in July to suppress "any and all evidence seized by police as a result of the illegal search and seizure."

The motion alleges statements used to obtain the warrant to raid Gentlewolf's home were "misstatement(s) of facts," therefore the warrant was improperly secured.

"Any observations made by the officer at the home in support of the search warrant applcation were made while trespassing on private land ... and thus constituted an unlawful warrantless search," wrote Brill in her motion.

Brill also contends that the execution of the warrant "violated no-trespass orders that were in effect at the time" and that the warrant itself had expired at the time it was served on Dec. 31.

In response, Seeley claimed in court papers that Deputy Jason O'Brian's actions were lawful.

"His observations through the window at the front of the defendant's home were the same that any visitor to the house would have made," wrote Seeley. "As a result, there was no 'search' and no violation of defendant's constitutional rights."

Seeley said the motion to suppress would be put on hold until the competency hearing on Dec. 18.

"None of the matters in the criminal case will proceed until a determination has been made on the competency issue," said Seeley, adding that competency of a defendant can change over time, especially if a person receives treatment and medication.

Source: Brattleboro Reformer - Dec 2, 2006
Update posted on Dec 2, 2006 - 12:14PM

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Dogs and cats seized from a Townshend woman accused of animal cruelty will soon be available for adoption. On Friday, Windham District Court Judge Katherine Hayes granted the state's motion for forfeiture of animals seized from the home of Jesse Lynn Gentlewolf in November.

In her findings of fact, Hayes said the state had "proven by clear and convincing evidence ... that the defendant has indeed committed the offense alleged, and that all of the animals seized ... were in fact victims of her cruelty ... "

On Wednesday, Gentlewolf was in Windham County District Court, contesting the seizure of her dogs and cats and fighting the forfeiture request. Hayes' conclusion was rendered as a result of the hearing.

"We are very happy about the decision," said Sue Caviola, shelter manager and humane officer for the Humane Society .

"We plan to adopt these animals out as soon as possible," she said.

"We are glad this will end the financial liability for the humane society," said Nathaniel Seeley, the deputy state's attorney who presented the state's case. "We hope this will put an end to the drain on their finances."

Caviola said the cost of care for the animals has exceeded $40,000. Caviola said without the support of the community, the Humane Society could have found itself in a more serious financial situation.

"We've had all kinds of help," said Caviola, including volunteer time and donations. But the Humane Society is still not out of the woods, because it has to care for the animals until they are ready for adoption, she said.

"Some of these animals are still not in any condition to undergo surgery," said Caviola, about the spaying and neutering. "So we will need to work with them to get them into good condition. But most of the younger ones, the little puppies, are going to be ready."

On Dec. 2, the Windham County Sheriff's Department and the Windham County Humane Society executed a search warrant on Gentlewolf's 800-square-foot home. More than 35 animals were seized from the property because the dogs, cat and two sheep were living in squalor, had not been watered or fed in some time and had been treading in their own waste, both inside and outside of the house.

"They were dirty and their fur was matted and their pens were filthy," said Hayes in her decision. Inside the house, said Hayes, was "an overwhelming, unbearable odor of ammonia" and "a brown sticky muck all over the floor, made up of dirt and animal waste."

Hayes said many of the animals were being kept in cages that were too small for them and none of the crated animals had food or water or had been cleaned. A veterinarian who conducted examinations for the Humane Society determined that all the animals were "significantly dehydrated, and most were quite underweight," said Hayes in her decision.

The veterinarian said the animals had poor muscle mass with coats in bad condition. "Based upon the state of their hygiene ... their matted filthy fur, diarrhea, and clots of fecal material spread throughout their coats, (the veterinarian) determined that the animals could not have been provided with adequate shelter," wrote Hayes in her conclusion.

Hayes then quoted the laws which give law enforcement the authority to seize abused and neglected animals and the state the right to take abused animals from their owners.

The forfeiture hearing was a civil procedure against Gentlewolf. She still has six charges of animal cruelty pending against her in criminal court in Windham County. She could receive up to one year in jail on each charge and could also be fined up to $1,000 on each charge. She is scheduled to be in court for a pretrial conference on April 5.

Gentlewolf is being held at the Dale Women's Facility in Waterbury on unrelated charges. She has been charged with custodial interference for kidnapping her daughter and grandson from their legal guardian in New Hampshire. Gentlewolf is also facing charges in New Hampshire for the kidnapping incident, which occurred on Nov. 28, 2005.

Caviola said as the animals are spayed or neutered, they will be made available for adoption. Caviola said potential owners should stop by the Humane Society office on Route 30 to fill out an application. Caviola said the Humane Society is open Monday, Tuesday and Thursday from 10 a.m. to 4 p.m. and Saturday from 10 a.m. to 2 p.m.

Source: Brattleboro Reformer - March 11
Update posted on Mar 12, 2006 - 2:26PM

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During a February 14, 2006 hearing, it was decided that about 35 animals seized from a Townshend home will remain in the custody of the Windham County Humane Society. The hearing was held to decide whether they can be cleared for adoption and was continued to a future date. The state's attorney is asking Windham District Court Judge Katherine Hayes to grant a motion of forfeiture on the animals.

The animals' owner, Jesse Lynn Gentlewolf, who has pled not guilty to six counts of animal cruelty, has objected to that motion. To win the forfeiture, the state has to prove that the animals were subject to cruelty or neglect. At the hearing, only one witness took the stand. Deputy State's Attorney David Gartenstein called Jennifer Ruopp, a veterinarian who examined the animals as they were admitted to the shelter, after being seized from Gentlewolf's home. He asked a series of questions aimed at discerning whether the animals, mostly dogs, were given necessary food, water, sanitation and medical attention.

Source: Brattleboro Reformer - February 15, 2006
Update posted on Feb 25, 2006 - 12:57PM

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The state wants to take away dozens of pets owned by a local woman accused of mistreating them. The state's attorney office has filed a motion of forfeiture against Jesse Lynn Gentlewolf of Townshend. She was in Windham District Court to plead not guilty to six counts of animal cruelty.

Gentlewolf entered the courtroom with her hands cuffed to her waist and wearing shackles on her ankles; she was carrying a white legal pad with notes scribbled on it. According to the forfeiture motion, filed by Deputy State's Attorney Nathaniel Seeley, 31 dogs and five cats are being cared for by the Windham County Humane Society. Since the animals were seized, two dogs have died.

"The state is requesting that the animals remain in custodial care until disposition of the case," Seeley said on January 17, 2006
Seeley said the motion for animal forfeiture is a procedure that would allow the state to terminate Gentlewolf's rights to the animals. If granted by the court, the animal shelter would be allowed to place the animals in foster homes or adopt them out, Seeley said. It would also relieve Gentlewolf of any financial responsibility for the animals starting on the date of forfeiture. But Seeley said the Humane Society could still pursue Gentlewolf for the costs incurred prior to the forfeiture proceedings, totaling between $18,000 and $20,000 a month, a cost that is stretching the Humane Society's budget to the breaking point.

Windham District Court Judge Katherine Hayes plans to hold a forfeiture hearing within the next three weeks, though no exact date was set. The state has alleged that Gentlewolf deprived 27 dogs of "adequate food, water, shelter, rest, sanitation or necessary medical attention." The state contends that Gentlewolf also deprived four cats of the same attention. The state accused Gentlewolf of keeping four dogs and five puppies "in a manner that was inhumane or was detrimental to [their] welfare," according to court documents. Seeley asked Hayes to prohibit Gentlewolf from contacting the Windham County Humane Society or any of its employees or volunteers. But public defender Mimi Brill said forbidding Gentlewolf from contacting the Humane Society limited her ability to defend herself. The judge agreed, saying Gentlewolf should be allowed contact as part of the discovery process. Hayes did warn Gentlewolf that any contact must come via court filings.

Through her attorney, Gentlewolf contended that the animals were seized illegally, and that they were being cared for by another person. Gentlewolf did not return calls for comment, but in a four-page letter to the Reformer dated Dec. 15, 2005, Gentlewolf said animal shelter officials should not have been on her property because there was an "official Vermont State Troopers' permanent nontrespass warning order" against the Humane Society. Brill said Gentlewolf was still pursuing legal action related to a similar law enforcement action that occurred in 1993. "[What happened in] 1993 is still an outstanding issue," said Brill, who refused to comment further on the case.
Hayes said she believed that case had been resolved some time ago. "Those animals are no longer in the control of the Humane Society," she said. In 1993, animals were seized from Gentlewolf's property. Gentlewolf, then known as Diane Kornell, was arraigned on three counts of cruelty to animals, simple assault on a police officer and impeding a police officer.

In 1994, Gentlewolf sued for return of the animals. In 1996, the district court granted Gentlewolf's motion to suppress evidence on the grounds that the search warrant had been based on misleading statements presented by an animal control officer. The state agreed and then dismissed all charges against Gentlewolf, but Gentlewolf never regained custody of the animals.

In 2001, a district court judge ordered the state to return the animals to Gentlewolf but state's attorneys contended that the animals had either died or their whereabouts were unknown, according to court documents.
In her letter to the Reformer, Gentlewolf said she is still owed the "legal and rightful return of personal property, animals, and restitution and reimbursement of legal fees, from the Windham County Humane Society's last seizure July 16, 1993." "The WCHS has been stalking me for over 15 years, and the previous case (is) still open with un-enforced return of animals/property still open despite Courts' orders," said Gentlewolf in her letter. "They are unrelated matters so they wouldn't affect this current case," said Seeley. "Those charges were dismissed, so they won't impact this prosecution."

Gentlewolf is being held at the Dale Correctional Facility in Waterbury on a $30,000 bond on unrelated charges. According to Ellen Kryger, the Washington County State's Attorney, Gentlewolf has been charged with two counts of custodial interference, three counts of unlawful restraint, one count of simple assault, one count of resisting arrest and one count of violation of an abuse prevention order for her part in the kidnapping of her own daughter and grandchild from their guardian in New Hampshire.

Source: The Brattleboro Reformer - January 2006
Update posted on Jan 23, 2006 - 12:17AM

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A Townshend woman already facing kidnapping charges in two states pleaded innocent to six cruelty to animal charges January 17, 2006 after police say they discovered more than 30 malnourished animals in deplorable conditions at her home.

Police discovered 28 dogs, four cats and two sheep at the Simpson Brook Road home of Jesse-Lynn Gentlewolf, 55, during a search in December. Many of the animals had no food or water, police said, and the floor of the home was covered in feces and soaked in urine. Gentlewolf, who is being held on unrelated charges stemming from Washington County, pleaded innocent to six misdemeanor counts in Brattleboro District Court. She faces up to six years in prison and $6,000 in fines if convicted of those charges.

Many of the animals were discovered inside her 827-square foot home and what little food was given to them was eaten by the dominant animals, according to court records. Other animals were discovered outside the home in small, makeshift pens that were covered in animal waste, police said. "Walking up the driveway it was difficult to take a step without stepping in feces," wrote Jason O'Brian, a deputy with the Windham County Sheriff's Department in an affidavit. Many of the animals have been transferred over to the Windham County Human Society for care. One puppy was found dead at the home and another died shortly after it was found. A third dog, who had a tumor hanging from its stomach that was so large it dragged on the ground, was euthanized, court records show.

Susan Caviola, the shelter manager for the human society, said that many of the animals have been treated for worms, but added that the agency is suddenly swamped as it cares for the animals until they are healthy. She asked that people donate time, money, blankets or dog chew toys to assist the humane society as the court proceedings continue. Many of the animals are recovering, she said, but need several more weeks to fully recover. "We are overwhelmed," she said. "Some donations are coming through, but we are facing some financial difficulties."

Gentlewolf did not speak out loud in court, instead she quietly conferred with her court-appointed public defender, Mimi Brill. After the arraignment, Gentlewolf, who was wearing black pants and a dark sweater with a fleece wrapped around her waist, was led out of the court room by deputies.

Her home had been previously raided by authorities in the early 1990s and she was charged with three counts of animal cruelty, according to court records. A district court judge later dropped the charges, concluding that that search warrant was based on misleading statements made to police.

Gentlewolf is also facing charges in New Hampshire and elsewhere in Vermont for her alleged role in kidnapping her daughter and granddaughter from their guardian, according to court documents.

Source: Rutland Herald - January 18, 2006
Update posted on Jan 19, 2006 - 3:56AM

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A Townshend woman was charged with six counts of cruelty to animals on January 11, 2006.

According to court documents, the state has accused Jesse-Lynn Gentlewolf of depriving 27 dogs of "adequate food, water, shelter, rest, sanitation or necessary medical attention." The state contends that Gentlewolf also deprived four cats of the same attention. The state has also accused Gentlewolf of keeping four dogs and five puppies "in a manner that was inhumane or was detrimental to [their] welfare."

In a supplemental affidavit, O'Brian stated that, with the help of the Windham County Humane Society, 28 dogs, several puppies and four cats were confiscated from the property. Two sheep were left because the Humane Society doesn't have the resources to care for them. The other animals are being cared for by the Humane Society, which is stretching its budget to the breaking point. Gentlewolf was not at the home during the raid because she is being held at the Dale Institute in Waterbury on a $30,000 bond on unrelated charges.

According to Ellen Kryger, the Washington County State's Attorney, Gentlewolf has been charged with two counts of custodial interference, three counts of unlawful restraint, one count of simple assault, one count of resisting arrest and one count of violation of an abuse prevention order for her part in the kidnapping of her own daughter and grandchild from their guardian in New Hampshire. Gentlewolf and another woman were arrested at a hotel in Berlin after Gentlewolf's daughter called the police for help.

The State of New Hampshire Northern District Court issued an arrest warrant on Nov. 29, 2005 and may ask for extradition so she can face kidnapping charges in Carroll County. But New Hampshire will probably have to wait. Kryger said Vermont gets first crack at Gentlewolf. "I haven't seen any extradition paperwork from New Hampshire," said Kryger. "And they can't do anything until we're done. They have to wait in line."

On Dec. 5, 2005, Washington District Court Judge Christina Reiss ordered Gentlewolf to undergo a psychiatric evaluation. The results came back to the court on Dec. 9, 2005, but both Kryger and Gentlewolf's legal counsel, Robert Sheftman declined to comment on the evaluation. Sheftman told the Reformer that he had no comment on the case in general. Nathaniel Seeley, deputy state's attorney for Windham County, said he didn't know if his office would request a copy of the evaluation. Gentlewolf will be transported down from Waterbury on Jan. 17, 2006 when she will be arraigned on the charges. Seeley said to his knowledge, Gentlewolf has not yet contracted legal counsel for the Windham County charges. "She could ask for a public defender, hire a attorney or represent herself," said Seeley. Seeley said he expects that Gentlewolf will be traveling back and forth between Washington and Windham counties during the legal process. Kryger said, depending on the court's calendar, she expected that Washington County would hear her case before Windham. "But my office and the Windham office are going to coordinate things," said Kryger. "We might even be able to offer something that includes all the Vermont charges."

On Dec. 28, 2005, Dan Davis, State's Attorney for Windham County, notified both Gentlewolf and the court that Windham County Humane Society intended to euthanize one of the dogs -- a black female mixed breed that was sick. Judge Katherine Hayes acknowledged receipt of the notice of intent to euthanize and said, "To the extent that court approval may be required or requested, it is hereby granted." According to a written statement from Jennifer Rupp, a veterinarian who examined the animal, it has numerous tumors that are slowly killing it. "This type of tumor spreads to lymph nodes and lungs, making surgical removal of the masses illogical as it will not solve the dog's problems," said Rupp in her statement. Rupp recommended euthanasia for the animal.

Gentlewolf could receive up to one year in jail and up to a $1,000 fine for each of the counts.

Source: Brattleboro Reformer - January 13, 2006
Update posted on Jan 15, 2006 - 5:35PM

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References

	Brattleboro Reformer - December 6, 2005
	Boston.Com - Jan 18, 2006

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Cat and dog neglect - numerous animals seizedTownshend, VT (US)

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Cat and dog neglect - numerous animals seized
Townshend, VT (US)